NLRB to appeal recess ruling to Supreme Court

RonaldD. Orol

WASHINGTON (MarketWatch) - The National Labor Relations Board on Tuesday said it will ask the Supreme Court to overturn a federal appeals court ruling that the White House violated the constitution and did not have the power to make certain recess appointments last year to fill vacancies. The NLRB board nominees could not win the filibuster-proof 60 votes needed to be approved by the Senate. The White House is permitted to bypass the Senate approval process and appoint senior federal officials and agency directors for a restricted period of time while the Senate is in recess, or on vacation. Seeking to block the appointments, Republicans set up so-called pro forma legislative sessions of Congress, in which little or no business is conducted. It was during one of these pro-forma sessions that President Obama appointed his nominees. The appeals court, however, ruled that the Senate was technically in session at the time.

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